Q: I agreed to dismiss the divorce action I commenced if we entered into a post-nuptial agreement. We both made full disclosure of finances and had full and separate legal representation. The agreement was very fair. In exchange for some concessions on my part, my spouse agreed to have incomes and retirements separate as of the date I filed for divorce (because that would be the date the court would likely use if we proceeded to divorce). I am the higher earner. We also agreed to contribute to the household, including college for the kids, in accordance with our incomes (me contributing more). Problem is two months after signing the postnuptial agreement; I realized that my lawyer left off the filing date in the retirement clause, which means in the event we divorce, my spouse would be entitled to his Majauskas share of my retirement up to the new filing date. I asked my spouse if he would be willing to have the agreement corrected to state the original filing date. He said no. Do I have any recourse? If I file again, will the original filing date be used? or the new filing date? I don’t really want to file again, but don’t want him to be entitled to half after that date.
A: David’s Answer: What you can do depends on a review of the agreement – if there’s a blank line where the proper date was supposed to be filled in, then you can argue to a Judge hat a proposed correction is a mere “ministerial act.” Otherwise, as a binding contract, the only way to change an agreement like that is if the other side agrees. Schedule a consult with a White Plains Divorce attorney for a full assessment.